A federal judge in Virginia issued an order on January 7, 2026. He ordered the Department of Justice to explain why Lindsey Halligan still uses her office title of US attorney. This is coming after a court ruling that her appointment is unconstitutional.
Halligan is the acting US Attorney for the Eastern District of Virginia. She has been categorized as a supporter of Trump by her critics. The issue with Halligan is based on her involvement in high-profile cases.
Background of the Appointment
President Trump appointed Halligan as interim US attorney last year. She replaced Zachary Terwilliger. However a previous interim appointment complicated matters.
Trump named Jessica Aber as US attorney. He appointed Raj Parekh as interim after Aber. Finally Halligan took the role. This chain raised legal questions.
Additionally, Halligan appeared in court filings without “acting” or “interim” in her title. This practice drew scrutiny from judges.
Previous Court Ruling
US District Judge Cameron McGowan Currie handled the issue in November 2025. She ruled Halligan’s appointment violated the Constitution’s Appointments Clause.
Currie dismissed two cases Halligan prosecuted. She called the installation invalid. The judge pointed out that interim appointees cannot name successors indefinitely. As a result, Halligan’s authority came under fire. Yet she continued using the title in official documents.
Current Order from Judge Novak
US District Judge David Novak issued the latest order. He gave Halligan and the DOJ seven days to respond.
Novak questioned why Halligan still identifies as a US attorney. He referenced Currie’s ruling. The order demands an explanation for her ongoing use of the title. Meanwhile the DOJ has not commented publicly. Halligan’s team remains silent on the matter.
Implications for Ongoing Cases
This development affects multiple prosecutions. For example, Halligan signed indictments in sensitive cases, including one against former FBI Director James Comey.
If her appointment proves invalid, those cases could collapse. Legal experts predict appeals and delays. Furthermore the case highlights tensions in Trump era appointments. It underscores the need for Senate confirmation.
Reactions from Legal Community
Advocacy groups praised the order. They view it as a check on executive overreach. However supporters of Halligan argue she acts in good faith. They blame bureaucratic delays for the issue.
In conclusion, the order by the judge encourages transparency. This may affect the role and workings of Halligan at DOJ. People are waiting to hear the reaction next week.
